PROVIDING FOR THE TRIAL BY COURTS-MARTIAL OF MEMBERS OF THE INTEGRATED NATIONAL POLICE AND FURTHER DEFINING THE .JURISDICTION OF COURTS-MARTIAL OVER MEMBERS OF THE ARMED FORCES OF THE PHILIPPINES

• Number: Presidential Decree No. 1850
• Sections: 11

Preamble

WHEREAS, under Section 12, Article XV of the Constitution,

the State shall establish and maintain an integrated national police force whose

organization, administration, and operation shall be provided by law;

WHEREAS, under and pursuant to existing laws, the various

municipal/city police and fire departments and jails have been integrated into

law-enforcement units under the operational control and organization set-up of

the Philippine Constabulary;

WHEREAS, in the interest of discipline and public service,

it is desirable that members of the Integrated National Police be subject to

trial by courts-martial under Common-wealth Act No. 408, as amended, otherwise

known as the "Articles of War for the Armed Forces of the Philippines, for all

crimes or offenses which are heretofore cognizable

by the civil courts;

WHEREAS, as a complementary measure, there is a, need to

clarify existing provisions of law relating to jurisdiction of courts-martial

and the Tanodbayan/Sandiganbayan and .the regular civil courts over crimes and

offenses committed by members of the Armed Forces of the Philippines.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers .vested in me by the Constitution, do

hereby order and decree:

Section 1

SECTION 1. Court-Martial Jurisdiction over Integrated

National Police and Members of the Armed Forces – Any provision of to the

contrary notwithstanding – (a) uniformed members of Integrated National Police

who commit any crime of offense cognizable by the civil courts shall henceforth

be exclusively tried by courts-martial pursuant to and in accordance with

Commonwealth Act No. 408, amended, otherwise known as the Articles of War; (b)

all persons subjects to military law under Article 2 of the aforecited Articles

of War who commit any crime or offense shall be exclusively tried by

courts-martial or their case disposed of under the said Articles of War;

Provided, that, in either of the aforementioned situations, the case

shall be disposed of or tried by the proper civil or judicial authorities when

court-martial jurisdiction over the offense has prescribed under Article 38 of

Commonwealth Act Numbered 408, as amended, or court-martial jurisdiction over

the person of the accused military or Integrated National Police personnel can

no longer be exercised by virtue of their separation from the active service

without jurisdiction having duly attached before hand unless otherwise provided

by law.

As used herein, the term uniformed members of the Integrated National Police

shall refer to police officers, policemen, firemen and jail guards.

Section 2

SEC. 2. Segregation of Criminal Cases of Armed Forces

and Integrated National Police from Civilian Co-accused.

—In cases where there are two or more accused one or some of whom is or are

civilian (s), the case against the latter shall be segregated from accused Armed

Forces or Integrated National Police member, and filed with the appropriate

civil court for trial in accordance with existing laws; Provided,

however, that should such civilian accused waive in writing civil court

jurisdiction and submit himself to court-martial jurisdiction, then the whole

case involving members of the Armed Forces or the Integrated National Police as

well as the civilian(s) shall be referred for trial to a court-martial.

Section 3 Appointing Authorities.

SEC. 3. Appointing Authorities.—

Where uniformed member(s) of the Integrated National Police are

charged—The President of the Philippines and the Chief of

Constabulary/Director General, Integrated National Police are hereby empowered

to appoint general, special and summary courts-martial for the trial of

uniformed members of the Integrated National Police. The Constabulary Regional

Commanders/Directors, Integrated National Police may appoint special and summary

courts-martial, and when empowered by the President, they may also appoint

general courts-martial. Other subordinate field commanders of the Philippine

Constabulary/Integrated National Police may appoint summary courts-martial when

empowered by the President.

Where military personnel and Integrated National Police members are

commonly charged— The court-martial shall be appointed by the appointing

authorities specified in Articles 8, 9, 10 and 11 of Commonwealth Act No. 408,

as amended.

Section 4 Composition of Courts-martial.

SEC. 4. Composition of Courts-martial.—Membership,

whether military personnel or Integrated National Police members, in a general

or special court-martial for the trial of a member of the Integrated National

Police shall be in a ratio as determined by the appointing authority;

Provided, however, that the number of Integrated National Police

personnel detailed shall not be less than one-third of the total membership of

the court.

Section 5 Administrative Action.

SEC. 5. Administrative Action.—Court-martial action

against uniformed personnel of the Integrated National Police as herein provided

shall not preclude the taking of administrative action against said personnel as

may be warranted pursuant to the provisions of existing law.

Section 6 Transitory Provisions.

SEC. 6. Transitory Provisions.—All cases pending

before the civil courts against military personnel in the active service of the

Armed Forces of the Philippines or against Integrated National Police personnel

where, on the effective date of this Decree, the accused have been arraigned,

shall continue to be tried and decided by said civil courts. All other cases

against such personnel shall be tried by courts-martial or disposed of pursuant

to this Decree.

Section 7 Promulgation of Rules.

SEC. 7. Promulgation of Rules.—The Chief of Staff,

AFP shall formulate rules and regulations necessary to carry out the provisions

of this Decree, which shall, upon recommendation of the Minister of National

Defense, be subject to the approval of the President.

Section 8 Appropriating.

SEC. 8. Appropriating.—The amount of two million

pesos or portion thereof, which are contrary to, or inconsistent with, the

provisions of this Decree and, thereafter, such amounts as may be necessary for

this purpose shall be included in the annual appropriation of the Integrated

National Police.

Section 9 Repealing Clause.

SEC. 9. Repealing Clause. — All laws,

rules and regulations, or portion thereof, which are contrary to, inconsistent

with, the provisions of this Decree, are hereby repealed or modified

accordingly.

Section 10 Effectivity.

SEC. 10. Effectivity. — This Decree shall

take effect immediately.

Done in the City of Manila, this 4th day of October, in the year of Our Lord,

nineteen hundred and eighty-two.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Executive

Assistant